Introduced Version






SENATE BILL No. 354

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-11-14.

Synopsis: Local fireworks ordinances and resolutions. Allows a local governmental unit to prohibit or limit the sale, possession, and use of fireworks.

Effective: July 1, 2005.





Broden




    January 11, 2005, read first time and referred to Committee on Governmental Affairs and Interstate Cooperation.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.

SENATE BILL No. 354



    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-11-14-4; (05)IN0354.1.1. -->     SECTION 1. IC 22-11-14-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) Subject to section 11 of this chapter, nothing in this chapter shall be construed to prohibit:
        (1) any resident wholesaler, manufacturer, importer, or distributor from selling:
            (A) at wholesale fireworks not prohibited by this chapter; or
            (B) fireworks not approved for sale in Indiana if they are to be shipped directly out of state within five (5) days of the date of sale;
        (2) the use of fireworks by railroads or other transportation agencies for signal purposes or illumination;
        (3) the sale or use of blank cartridges for:
            (A) a show or theater;
            (B) signal or ceremonial purposes in athletics or sports; or
            (C) use by military organizations;
        (4) the intrastate sale of fireworks not approved for sale in Indiana

between interstate wholesalers;
        (5) the possession, sale, or disposal of fireworks, incidental to the public display of Class B fireworks, by wholesalers or other persons who possess a permit to possess, store, and sell Class B explosives from the Bureau of Alcohol, Tobacco and Firearms, United States Department of the Treasury; or
        (6) the use of indoor pyrotechnics special effects material before an indoor or outdoor proximate audience.
    (b) For the purposes of this section, a resident wholesaler, importer, or distributor, is a person who:
        (1) is a resident of Indiana;
        (2) possesses for resale common fireworks approved or not approved for sale in Indiana;
        (3) is engaged in the interstate sale of common fireworks described in subdivision (2) as an essential part of a business that is located in a permanent structure and is open at least six (6) months each year;
        (4) sells common fireworks described in subdivision (2) only to purchasers who provide a written and signed assurance that the fireworks are to be shipped out of Indiana within five (5) days of the date of sale; and
        (5) has possession of a certificate of compliance issued by the state fire marshal under section 5 of this chapter.
    (c) A purchaser may not provide a written and signed assurance that the fireworks purchased are to be shipped out of Indiana and then sell or use them in Indiana.

SOURCE: IC 22-11-14-11; (05)IN0354.1.2. -->     SECTION 2. IC 22-11-14-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. Notwithstanding section 4 of this chapter, this chapter does not prohibit a:
        (1) county, city, or town from adopting an ordinance; or
        (2) township from adopting a resolution;
that is more restrictive than a rule adopted by the fire prevention and building safety commission under this chapter. An ordinance or a resolution adopted under this section may prohibit or limit the sale, possession, and use of fireworks in the county, city, town, or township.